Lawrence v. Schaefer
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, Thomas E. Lawrence, from a judgment of the -Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 13th day of January, 1897,.upon the decision of the-court rendered after a trial at the Erie Trial Term before the court without.a jury.
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Appeal, by the plaintiff, Thomas E. Lawrence, from a judgment of the -Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 13th day of January, 1897,.upon the decision of the-court rendered after a trial at the Erie Trial Term before the court without.a jury. Action upon a Lloyds insurance policy hearing the name of twenty-five underwriters, executed by C. Hagen, as. attorney in fact,.for the twenty-four underwriters, and by himself as one of the twenty-live. The policy provided, among other things, viz.: “No action shall be brought to…
1Opinion of the Court
Per Curiam :
The conclusion stated in the findings and opinion of Spring, J., seem to be sustained by Leiter v. Beecher (2 App. Div. 577) and New Jersey & Pennsylvania Concentrating Works v. Ackermann (6 id. 540).
The attorney, C. Hagen, was also an underwriter, and, hence, the case differs from Farjeon v. Fogg (16 Misc. Rep. 220).
The logic of the Leiter case seems to indicate that the restrictive .language used in the policy is not void as against public policy ; and the opinion delivered by Spring, J.,* applies the doctrine of that case, as well as the case of Concentrating Works v. Ackermann…
2Cases cited8 opinions
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Mead v. . MitchellNew York Court of Appeals · 1858
- Knorr v. BatesNew York Court of Common Pleas · 1895
- Leiter v. BeecherAppellate Division of the Supreme Court of the State of New York · 1896
- Knorr v. BatesNew York Court of Common Pleas · 1895
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3Cited by1 opinion
- Ralli v. WhiteAppellate Terms of the Supreme Court of New York · 1897